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A wife seeks interim maintenance under section 24 of the Hindu Marriage Act, 1955 and also meets the…

Section 24 concerns interim support and expenses in a proceeding under the Hindu Marriage Act. Section 144 creates a separate summary maintenance remedy. Rajnesh v. Neha…

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A wife seeks interim maintenance under section 24 of the Hindu Marriage Act, 1955 and also meets the conditions to seek maintenance under section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023. How do the remedies relate?

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Answer and explanation

Correct answer B

Section 24 concerns interim support and expenses in a proceeding under the Hindu Marriage Act. Section 144 creates a separate summary maintenance remedy. Rajnesh v. Neha requires disclosure of earlier maintenance proceedings and consideration of adjustment or set-off for earlier awards when deciding any additional amount. The Supreme Court applied this approach by allowing a partial adjustment in its decision of 11 February 2025.

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Option A

Section 144 creates its own remedy. An interim order under section 24 is not a prerequisite.

Option B

The remedies are independent. The later court considers an earlier award when fixing any additional maintenance.

Option C

Applying under the Hindu Marriage Act does not by itself bar the summary remedy.

Option D

The later court must consider an earlier award when deciding whether any further maintenance is due.

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